There is such a sense of relief when one completes a divorce proceeding. However, it is easy to fail to anticipate what could transpire in the future, which could significantly impact your divorce agreement. Post-Divorce Issues can arise in several different circumstances.
Divorce proceedings involving the modification or enforcement of a divorce settlement agreement happen all the time.
Common post-divorce issues that arise include the following:
- Attempts to modify the agreement’s support aspects, including alimony and child support, due to a change in circumstances such as a job loss.
- Enforcement proceedings are required if your spouse fails to comply with the agreed-upon terms of the settlement agreement. An example is if your spouse fails to refinance the marital home and pay you the monies owing.
- Relocation attempts out of the area with the minor children born of the marriage. Suppose the proposed relocation will impact the child custody and parenting time of the other spouse. In that case, you will need to obtain the permission of your ex-spouse or obtain a court order authorizing the move.
- You are experiencing difficulties collecting pre-divorce debts from your ex-spouse. Divorce agreements often allocate the responsibility for credit card debt payments. However, the creditors may still be able to come after you.
- Legal effects of remarriage on your divorce agreement. Remarriage can affect child visitation, child support, beneficiary designations on insurance policies, etc.
- An ex-spouse disobeys a court order. If that is the case, you may need to file an enforcement motion with the court to compel your spouse to comply with the terms of the agreement. It is common to ask the court to grant legal fees in connection with such an application.
- If your spouse has retired from your job, this could constitute a change in circumstances and affect the amount of support you pay or receive.
- College payment expenses for your children these expenditures are addressed when the child is of the appropriate age.
- The effect of the Emancipation of your children on your settlement agreement. If your child is emancipated, this could affect the amount of child support you pay or receive.
Need an Attorney for Your Post-Divorce Issue?
Suppose you run into one of the post-divorce issues referenced above. In that case, you must obtain the legal advice of an experienced family law firm that can direct you to take the correct course of action. The Villani and DeLuca law firm has six full-time NJ divorce attorneys intimately familiar with the legal process required to modify and enforce a court order or divorce agreement. It would be best if you prepared to ensure that your rights are protected. Call Villani and DeLuca today.